Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies

[2017] FWCA 5083

[2017] FWCA 5083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies
(AG2017/2891)

PROGRAMMED ELECTRICAL TECHNOLOGIES LIMITED WESTERN AUSTRALIA EMPLOYEE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 OCTOBER 2017

Application for variation of the Programmed Electrical Technologies Limited Western Australia Employee Agreement 2015.

[1] An application has been made for approval of a variation to the Programmed Electrical Technologies Limited Western Australia Employee Agreement 2015 (the Agreement). The application was made by Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] On 24 August 2017, correspondence was sent to the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) from my chambers seeking the CEPU’s view on the application. Having not received a response, my associate contacted the CEPU, by telephone, on 15 September 2017 and 18 September 2017 following up on the 24 August 2017 correspondence. On 19 September 2017, I received correspondence from Mr Peter Carter of the CEPU advising that they object to the application and that they would not be filing a statutory declaration in support of the application.

[4] On 27 September 2017, I wrote to the CEPU inquiring as to whether they wanted to be heard in relation to the objection of the application and on the following day, the CEPU indicated that they did not wish to be heard.

[5] I have considered the CEPU’s objection to the application and evidence to support that for which it contended in its correspondence and there is no basis to dismiss or otherwise not approve the application. I am therefore satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[6] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 7 September 2015. Those undertakings form part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 2 October 2017.

DEPUTY PRESIDENT

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Annexure A